§ 44A‑14. Sale ofproperty in satisfaction of judgment enforcing claim of lien on real propertyor upon order prior to judgment; distribution of proceeds.
(a) Execution Sale;Effect of Sale. Except as provided in subsection (b) of this section, salesunder this Article and distribution of proceeds thereof shall be made inaccordance with the execution sale provisions set out in G.S. 1‑339.41through 1‑339.76. The sale of real property to satisfy a claim of lien onreal property granted by this Article shall pass all title and interest of theowner to the purchaser, good against all claims or interests recorded, filed orarising after the first furnishing of labor or materials at the site of theimprovement by the person claiming a lien.
(b) Sale of Propertyupon Order Prior to Judgment. A resident judge of superior court in thedistrict in which the action to enforce the claim of lien on real property ispending, a judge regularly holding the superior courts of the said district,any judge holding a session of superior court, either civil or criminal, in thesaid district, a special judge of superior court residing in the said district,or the chief judge of the district court in which the action to enforce theclaim of lien on real property is pending, may, upon notice to all interestedparties and after a hearing thereupon and upon a finding that a sale prior tojudgment is necessary to prevent substantial waste, destruction, depreciationor other damage to said real property prior to the final determination of saidaction, order any real property against which a claim of lien on real propertyunder this Article is asserted, sold in any manner determined by said judge tobe commercially reasonable. The rights of all parties shall be transferred tothe proceeds of the sale. Application for such order and further proceedingsthereon may be heard in or out of session. (1969, c. 1112, s. 1; 2005‑229, s. 1.)
§ 44A‑14. Sale ofproperty in satisfaction of judgment enforcing claim of lien on real propertyor upon order prior to judgment; distribution of proceeds.
(a) Execution Sale;Effect of Sale. Except as provided in subsection (b) of this section, salesunder this Article and distribution of proceeds thereof shall be made inaccordance with the execution sale provisions set out in G.S. 1‑339.41through 1‑339.76. The sale of real property to satisfy a claim of lien onreal property granted by this Article shall pass all title and interest of theowner to the purchaser, good against all claims or interests recorded, filed orarising after the first furnishing of labor or materials at the site of theimprovement by the person claiming a lien.
(b) Sale of Propertyupon Order Prior to Judgment. A resident judge of superior court in thedistrict in which the action to enforce the claim of lien on real property ispending, a judge regularly holding the superior courts of the said district,any judge holding a session of superior court, either civil or criminal, in thesaid district, a special judge of superior court residing in the said district,or the chief judge of the district court in which the action to enforce theclaim of lien on real property is pending, may, upon notice to all interestedparties and after a hearing thereupon and upon a finding that a sale prior tojudgment is necessary to prevent substantial waste, destruction, depreciationor other damage to said real property prior to the final determination of saidaction, order any real property against which a claim of lien on real propertyunder this Article is asserted, sold in any manner determined by said judge tobe commercially reasonable. The rights of all parties shall be transferred tothe proceeds of the sale. Application for such order and further proceedingsthereon may be heard in or out of session. (1969, c. 1112, s. 1; 2005‑229, s. 1.)
§ 44A‑14. Sale ofproperty in satisfaction of judgment enforcing claim of lien on real propertyor upon order prior to judgment; distribution of proceeds.
(a) Execution Sale;Effect of Sale. Except as provided in subsection (b) of this section, salesunder this Article and distribution of proceeds thereof shall be made inaccordance with the execution sale provisions set out in G.S. 1‑339.41through 1‑339.76. The sale of real property to satisfy a claim of lien onreal property granted by this Article shall pass all title and interest of theowner to the purchaser, good against all claims or interests recorded, filed orarising after the first furnishing of labor or materials at the site of theimprovement by the person claiming a lien.
(b) Sale of Propertyupon Order Prior to Judgment. A resident judge of superior court in thedistrict in which the action to enforce the claim of lien on real property ispending, a judge regularly holding the superior courts of the said district,any judge holding a session of superior court, either civil or criminal, in thesaid district, a special judge of superior court residing in the said district,or the chief judge of the district court in which the action to enforce theclaim of lien on real property is pending, may, upon notice to all interestedparties and after a hearing thereupon and upon a finding that a sale prior tojudgment is necessary to prevent substantial waste, destruction, depreciationor other damage to said real property prior to the final determination of saidaction, order any real property against which a claim of lien on real propertyunder this Article is asserted, sold in any manner determined by said judge tobe commercially reasonable. The rights of all parties shall be transferred tothe proceeds of the sale. Application for such order and further proceedingsthereon may be heard in or out of session. (1969, c. 1112, s. 1; 2005‑229, s. 1.)
